BRUNA The Label’s Post

🤔 What makes consumers choose counterfeits? This and other questions will be answered at the conference "Własność intelektualna w dobie zmian. Innowacje, kreatywność, ochrona" organised by the Konfederacja Lewiatan where Basck will be represented by Klaudia Wierzbicka 🗣 📍Centrum Kreatywności Targowa | Targowa Creativity Centre, Targowa 56, Warsaw 📅 26 March 2024 Counterfeiting carries significant risks for companies, including damage to brand reputation, loss of revenue and potential legal consequences. By proactively guarding against #counterfeiting, companies can protect the integrity of their brand, maintain customer trust and retain their market share 🛍️ With the insights gained at conferences like this one, we will be better equipped to identify and deal with counterfeit products, ultimately ensuring the continued success and sustainability of your business. If you would like to learn more about protecting #brand integrity, join Klaudia in Warsaw on March 26th or email ➡️ kwierzbicka@basck.com

On December 20, 2023, the District Court of The Hague rendered a judgement in favor of Coty (licensee of world famous perfumes brands as Hugo Boss and Chloé) and two counterfeiters finally have to face the consequences of their acts.    The case started with an investigation more than 3 years ago against a young couple supplying fake perfumes to counterfeit resellers throughout the Netherlands. More than 10 different user ID’s on Marktplaats.nl and other market places in addition to a cluster of telephone numbers without subscriptions were used. Numerous test purchases were made, every time leading to the same duo hiding behind different names. Both infringers ignored the demand letters sent by LXA Attorneys and daringly continued their profitable counterfeit operations using foreign bank accounts offshoring profits made. Coty did not accept their ignorant attitude and went to court, convinced of the duo acting in bad faith.    The defendants denied any involvement, but this denial was not supported by any evidence. On the other hand Coty provided abundant evidence showing the involvement of the defendants in large scale counterfeiting. The court followed the reasoning of Coty and both defendants are held jointly and severally liable for the illegal profits made and the legal fees incurred by Coty. They also have to disclose all infringing transactions including all supplier information within 30 days. In the event of non-compliance a penalty of max 50,000 euro will become due. Separate proceedings to determine the hight of the damages will follow after the full disclosure of all purchases and sales by the defendants. For the counterfeiting duo it is the beginning of the end. Remaining stock has to be abandoned and handed over. With its decision the District Court of The Hague sends an important signal to brand owners and counterfeiters. Important, because it is makes clear the offering of counterfeit products is against the law. It is also a boost for the moral of brand owners who sometimes get discouraged by the illegal trade parasitizing their business. This victory is a won battle in the war against counterfeiting. Not the first, and most likely not the last.    Fleur Boom and Gie van den Broek (LXA Advocaten) are proud to have represented Coty in this matter.    #LXAAdvocaten #Specialisten #Brandprotection #Anticounterfeiting #Coty  

Intellectual property – Trade mark infringement, use as a trade mark, defences to infringement – Trade mark validity – whether marks are capable of distinguishing, doctrine of stare decisis, whether applicant is owner of the mark for the registered goods.  Cantarella Bros Pty Ltd v Lavazza Australia Pty Ltd (No. 3) [2023] FCA 1258 – by Tom Cordiner KC, Melissa Marcus, Clare Cunliffe, Marcus Fleming and Amy Surkis of Emmerson Chambers and List G Barristers.   Justice Yates concluded that Lavazza Australia Pty Ltd and Lavazza OCS Pty Ltd had used the word ORO as a trade mark and had thereby infringed Cantarella’s two registered trade marks for the word ORO in class 30 and none of the defences could be made out. On the cross claim, Justice Yates also found that Lavazza had failed to establish that the word ORO was not capable of distinguishing Cantarella’s goods from the goods of other persons so as to render the marks invalid. However, in a decision that can be likened to a Steven Bradbury speed skating win from behind, his Honour concluded that Cantarella was not the owner of the ORO mark, rather, Caffe Molinari SpA had used the word “oro” as a trade mark in Australia prior to Cantarella’s first use and therefore, the Cantarella marks should be cancelled. Please view the complete article here: https://lnkd.in/gp8W84GB #trademarklaw #commerciallaw #commerciallitigation #intellectualpropertylaw #victorianbar #barristers

Our November trade mark newsletter is now available to read and download at: https://dycip.com/2RGXnGd In this edition we bring trade mark case law and practice updates, including the following: We review the cases of Michael Kors v TECOM MASTER & adp Merkur v EUIPO, which serve as a useful reminder of the principles for assessing genuine use of a registered trade mark. Coty v ALDI SÜD raises questions concerning trade mark infringement in circumstances when luxury goods might be advertised and sold at discount stores. Does this tarnish a marks’ reputation? Celtic legend Henrik Larsson has successfully had a LARSSON mark declared invalid by the UKIPO on the grounds of passing off. LΛΛVΛ v EUIPO cautions that it is important to carefully consider the relevant public and their awareness of local language characters with trademarked signs. The recent IPEC case concerning use of the name BICC COMPONENTS in the UK examines issues of chain of title, goodwill and folk memory. We take a brief dive into the Council of the European Union’s recent decision to formalise the EU regulation on geographical indications (GIs) for craft and industrial products. We hope you find this edition of interest. Thank you to contributors from our UK and German offices to this edition: Leyre Barragán, Laurie Ford, Jennifer Heath, Jackie Johnson, Sophia Karim, Olivia Oxton, Aga Stephenson and Yvonne Stone. #trademarknews #trademarkcaselaw #trademarks #brands

On October 19, 2022, the EU’s General Court (GC) issued a final decision cancelling Louis Vuitton's EU trademark registration for its “Damier Azur” pattern. Explore the court analysis here: https://ow.ly/z3zq50QjafU #EUIPO #trademarks #luxurybrand #patterntrademarks

Last week, Aldi UK faced a legal dispute with Thatchers Cider Company Ltd after Thatchers claimed that the overall appearance of Aldi’s ‘cloudy lemon cider’ was of high similarity to their cider product. In settling the dispute, the judge conducted a blind taste test of the two products. In her judgement, she concluded that ‘I am no expert and have never tasted cloudy lemon cider before. I found the taste of the two products to be very similar, but I accept they are different.’ The legal outcome of this case was that the claim for trade mark infringement was dismissed. The key takeaway from this case is that the courts placed valuable consideration on the fact that Aldi did not intentionally plan to exploit Thatchers’ product. In regards to the impact this case has on the legal industry, it demonstrates a possible increase in trademark infringement claims that can be bought by companies who are further determined to protect their designs. An example of the likelihood to see increased similar cases is that Aldi is set to face an appeal against Marks and Spencer for a similar design infringement issue. Aldi was also previously involved in a trademark dispute with Marks & Spencer concerning the ‘Colin the Caterpillar’ cake. Source:  https://lnkd.in/eDJdCpS9 #ABTL #uklawyers #lawstudents #aspiringlawyers #commercialawareness

Officine Meccaniche Pellanda's legal compliance rating from AGCM Autorità Garante della Concorrenza e del Mercato. The symbol "++" is an indication used in the Legality Rating to express a high score. In this context, "++" indicates the highest level of legal and ethical compliance by the evaluated company. Therefore, a score of "*++" suggests that the company has achieved a very high score or the maximum level of evaluation in terms of legality and transparency.

The Maritime and Commercial High Court upholds the DCCA’s decision: Exchange of information between clothing retailers constituted a “by object” restriction of competition Yesterday, the Danish Maritime and Commercial High Court’s judgement of 6 May 2024 in the Hugo Boss-case was published. The Court decided to upheld the Danish Competition and Consumer Authority’s (“DCCA”) two decisions against the three clothing companies, Hugo Boss, Kaufmann and Ginsborg, finding that the companies had illegally exchanged commercially sensitive information about prices, rebates and volumes. As Hugo Boss sells Boss products directly to consumers in its own stores and at the same time supplies Boss products to Kaufmann's and Ginsborg's stores, Hugo Boss is active at the same market and thus competes with its own dealers (dual distribution). Therefore, according to the DCCA and the Court, the illegal exchange of information took place between competitors. The Court noted that although there was also a vertical cooperation between the parties, the information exchanged was predominantly horizontal in nature. A minority of the Competition Appeals Tribunal did not consider that the concerted practice had the object of restricting competition. However, the Court disagreed and stated that the exchanged information was strategic, individualized and future information which was essential for and objectively had the potential to influence Kaufmann and Ginsborg's own pricing strategy for Hugo Boss's products to the detriment of consumers. In general, an undertaking participating in dual distribution should carefully ensure that the undertaking and its distributors do not engage in illegal exchange of commercially sensitive information, for example by implementing an effective and consistent administrative separation between its distribution channels. Read The Maritime and Commercial High Courts judgment here (in Danish): https://lnkd.in/dpnqEWjv Read the DCCA’s press release here (in English): https://lnkd.in/dyqaB4dW #DCCA #antitrust #competition #Article101

Our November trade mark newsletter is available to read and download at: https://dycip.com/2RGXnGd In this edition we bring trade mark case law and practice updates, including the following: We review the cases of Michael Kors v TECOM MASTER & adp Merkur v EUIPO, which serve as a useful reminder of the principles for assessing genuine use of a registered trade mark. Coty v ALDI SÜD raises questions concerning trade mark infringement in circumstances when luxury goods might be advertised and sold at discount stores. Does this tarnish a marks’ reputation? Celtic legend Henrik Larsson has successfully had a LARSSON mark declared invalid by the UKIPO on the grounds of passing off. LΛΛVΛ v EUIPO cautions that it is important to carefully consider the relevant public and their awareness of local language characters with trademarked signs. The recent IPEC case concerning use of the name BICC COMPONENTS in the UK examines issues of chain of title, goodwill and folk memory. We take a brief dive into the Council of the European Union’s recent decision to formalise the EU regulation on geographical indications (GIs) for craft and industrial products. We hope you find this edition of interest. Thank you to contributors from our UK and German offices to this edition: Leyre Barragán, Laurie Ford, Jennifer Heath, Jackie Johnson, Sophia Karim, Olivia Oxton, Aga Stephenson and Yvonne Stone. #trademarknews #trademarkcaselaw #trademarks #brands

London calling! It's time to talk about how to remove counterfeit products from the market with a European approach 📦✋ I am very much looking forward to moderating the panel "Clearing the market of fake goods: a European approach" next Wednesday, during the World Trademark Review Brand Strategy Summit Europe in London, with David Franklin (Global Sales Director, Brand Protection, CSC), Darshak Kacha (Global Brand Protection and Investigations Manager, JLR) and Stacie McKendrick (Brand Protection Manager, Spectrum Brands, Inc) As consumer demand for cheap goods increases, discover the European counterfeit hotspots that should be on your radar and the best strategies for capturing fakes before they can affect your brand reputation. • Monitoring notorious markets across Europe • Strategies for working with Customs and other brand owners • Recruiting consumers: how to engage the public in preserving your brand image Countercheck 📦 #BrandProtection #AntiCounterfeiting #Legal #IntellectualProperty #SupplyChain #Innovation #Technology